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Under the Employment Standards Act, 2000 (ESA), employers can require a worker to offer proof reasonable in the situations that they are entitled to ill leave under the ESA.

Effective October 28, 2024, employers can not need staff members to provide a certificate from a certified health professional (a medical note). A “certified health specialist” is an individual who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the employee.

ESA maximum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where a person is believed to have dedicated an offence under the ESA. If founded guilty, a person could be subject to a fine or a term of jail time or both.

Since October 28, 2024, the optimum fine for people convicted of contravening the ESA has increased to $100,000 (up from $50,000).

Definition of employee

The Employment Standards Act (ESA) specifies a worker to consist of a person who:

– performs work for a company for earnings

– supplies services to a company for salaries

– receives training from a company, if the ability they’re being on is a skill utilized by the company’s employees

– is a homeworker

– was a staff member

On March 21, 2024, the meaning of “training” was expanded to consist of work performed during a trial duration. A worker now includes a person who performs work throughout a trial duration for a company, if the skills being examined during the trial duration are skills utilized by the company’s workers or could be used by staff members if there are no other employees. This suggests the hours worked throughout the trial duration should be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA forbids companies from making deductions from salaries when the employer had a money lack, lost property or had residential or commercial property taken and a person besides the worker had access to the money or home.

On March 21, 2024, the ESA was amended to validate that this consists of reductions from salaries in “dine and dash”, “gas and dash” and other comparable scenarios.

Payment of earnings – direct deposit

The ESA needs companies to pay wages by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account needs to remain in the staff member’s name and nobody aside from the worker can have access to the account, unless the employee has licensed it.

Effective June 21, 2024, an extra requirement will remain in location if the employer desires to pay incomes by direct deposit: the account needs to be selected by the staff member. This means the employee should decide which account to use and the employer can not restrict an employee’s section by, for instance, requiring the employee to utilize an account at a specific monetary organization.

For payments that are to be made after June 20, 2024, a worker has the right to select the account where their incomes are to be transferred. If an employer previously limited a worker’s account selection – for example, by needing them to utilize an account at a particular financial organization – it is the company’s obligation to confirm the employee’s selection of their preferred account before they make the next payment after June 20, 2024. A staff member can likewise notify their employer that they desire their incomes deposited to a different account and, when that occurs, the employer must make the modification.

Vacation pay agreements

The ESA enables an employer to pay trip pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, however only with the arrangement of the worker. Discover more about when to pay holiday pay.

Effective June 21, 2024, the ESA is amended to clarify that the worker should make an arrangement with the company in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This confirms that such contracts can not be verbal and need to be made in writing (consisting of electronically), constant with how the ministry implements the ESA.

Tips or other gratuities – approaches of payment

Beginning June 21, 2024, companies will be needed to pay tips or other gratuities by either:

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the staff member must be paid the tips or other gratuities at the work environment or at some other location concurred to electronically or in composing by the employee.

If payment is made by direct deposit, the account needs to be chosen by the staff member and be in the employee’s name. Nobody aside from the staff member can have access to the account, unless the staff member has actually authorized it.

The requirement that the staff member select the account suggests the worker should decide which account to utilize, and the employer can not restrict an employee’s choice by, for instance, requiring the staff member to use an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee has the right to choose the account where their suggestions are to be deposited. If an employer formerly limited an employee’s account selection – for instance, by requiring them to use an account at a particular banks – it is the company’s responsibility to verify the worker’s choice of their desired account before they make the next payment after June 20, 2024. A worker can also notify their employer that they desire their pointers deposited to a various account and, when that occurs, the company must make the modification.

Tips sharing policy

The ESA enables companies, as well as directors and shareholders of an employer, to share in ideas, if defined criteria are fulfilled.

Effective June 21, 2024, where a company has a policy about the company, director or shareholder of the company, sharing in a suggestion pool, the employer will be required to publish a copy of that policy in a plainly visible place in the work environment where it is most likely to come to the attention of staff members.

The requirement to post a policy does not need an employer to develop a policy. It uses if a company has a written policy in place or if an employer has an established practice of sharing in a tip pool that is consistently used (even if it’s not composed down). If the company has an unwritten but recognized, referall.us consistently-applied practice in place, the company needs to put the policy in composing and post a copy of the policy.

The ESA does not specify the info that needs to appear in the policy, as long as the posted document is a real copy of the policy that is in location and clearly mentions that the company or a director or shareholder of the company shares in the tip swimming pool.

Effective, June 21, 2024, employers will also be required to keep a copy of every ideas sharing policy that is needed to be published for three years after the policy stops being in result.

Job posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, modifications will enter into force that develop brand-new requirements for employers connected to publicly marketed task postings.

Temporary help agency and recruiter licensing

Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):

– Temporary aid firms are needed to hold a licence to operate.Clients are prohibited from intentionally engaging or utilizing the services of a momentary help company unless the agency holds a licence. (Find out more about the relationship between temporary help companies and customers.).

– Employers, potential employers and other employers are prohibited from knowingly engaging or utilizing the services of any recruiter that does not hold a licence.

Where applications are made before July 1, 2024 and a choice is pending, there is a transitional guideline that will apply.

On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was changed. The changes consist of:

– Adding a surety bond as a brand-new acceptable type of security for all candidates,.

– excusing certain recruiters from the security requirement under specified conditions,.

– altering the application fee and security requirements for entities applying both for a short-lived aid agency and a recruiter licence.

The ministry’s licensing website has been upgraded to reflect these modifications. Please go to that web page for information.